On January 10, 2025, the Department of Homeland Security (DHS) announced the addition of Romania to the U.S. Visa Waiver Program. Under the Visa Waiver Program, qualifying foreign nationals may travel to the United States as tourists and business visitors for up to 90 days without first obtaining a visitor visa from a U.S. embassy or consulate. Travelers are still required to apply for and receive advance permission for travel through the Electronic System for Travel Authorization (ESTA). The addition of Romania follows prior expansions of the U.S. Visa Waiver Program, with the additions of Qatar, Croatia, and Israel since 2021.

DHS expects ESTA’s online and mobile applications to open to Romanian citizens on or around March 31, 2025.

Continue Reading Romania Added to U.S. Visa Waiver Program

As of January, 1, 2025, Israel will require travelers to provide either a valid visa or “Marom ETA-IL” (Electronic Travel Authorization) approval to enter the country. ETA-IL applications may be submitted at any time prior to travel to Israel. However, the Israeli government recommends that travelers submit their applications at least 72 hours prior to booking flights, hotels, and/or similar expenses related to their travel.

Travelers applying for the ET-IL authorization will receive a reply within 24-72 hours, and if their application is approved, will be allowed to enter Israel for business visits and tourism for up to ninety (90) days at a time. The ETA-IL will remain valid for multiple entries over a two-year period or until the traveler’s passport expires, whichever is sooner. This announcement was previously made in 2024, but was postponed to give travelers the proper time to prepare for this new requirement. Israel’s introduction of the ETA-IL system comes as the European Union seeks to implement its own electronic travel authorization scheme for visa exempt nationals, which is expected to launch in 2025.

Continue Reading Israel Launches Electronic Travel Authorization System – Marom ETA-IL

The US Department of Homeland Security (DHS) published a new regulation to “modernize” the H 1B program, a visa category commonly used by US employers to hire skilled foreign workers. The new regulation takes effect on January 17, 2025. The timing of the rule is notable, coming at the end of the Biden Administration and implemented days prior to the inauguration of President-elect Trump. The rule is intended to update and streamline the H 1B regulatory framework to align with contemporary workforce needs. Changes are grouped into three categories: (1) Modernization and Efficiencies; (2) Benefits and Flexibilities; and (3) Program Integrity. 

A revised Form I-129 (Petition for Nonimmigrant Worker)—a form required for H-1B filings—also will be issued on January 17, 2025. 

This Legal Update provides background and summarizes the changes impacting H-1B category: H-1B Modernization: Biden’s Final Move, Trump’s First Challenge? | Insights | Mayer Brown.

Europe Justice

On December 12, 2024, the European Council announced that European Union (EU) member states have agreed to abolish checks on persons at the internal land borders with and between Bulgaria and Romania starting January 1, 2025. This decision will eliminate the reported, long border control queues at the thirty (30) land borders shared by the two countries. This should enable Bulgarian and Romanian citizens to save time by allowing free travel between the countries via internal land borders as well as spur economic growth in these two countries as the transportation of goods will no longer be hindered by lengthy border queues. This decision represents the long-awaited, full joining of Bulgaria and Romania to Europe’s Schengen area in the new year.

Continue Reading Bulgaria and Romania to Fully Join Schengen Area in New Year

On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued guidance that clarifies and broadens the eligibility criteria for individuals with extraordinary ability on the path for U.S. permanent residence (a “green card”). The guidance applies to petitions filed under the employment-based, first preference category known as EB-1A, an immigration classification designed for individuals with extraordinary ability in the sciences, arts, education, business, or athletics who can demonstrate sustained acclaim either nationally (within one country) or internationally (within two or more countries).

Continue Reading Extraordinary? Prove It! USCIS Issues New Guidance Regarding Evidentiary Criteria
Qatar

The Department of State (DOS) and the Department of Homeland Security (DHS) announced that Qatari citizens and nationals will be able to apply for travel to the United States as temporary visitors under the Visa Waiver Program (VWP). Effective December 1, 2024, Qataris can travel to the U.S. for business or tourism for up to 90 days without needing a visa. Instead, they will only need to apply for an Electronic System for Travel Authorization (ESTA) online. Qatar is the first Gulf country to be designated for the VWP.

While U.S. citizens already enjoy visa-free travel to Qatar for up to 30 days, beginning October 1, 2024, they are eligible to stay in Qatar for up to 90 days (with a valid passport).

Continue Reading Qatar Added to U.S. Visa Waiver Program
flag of wires

Mayer Brown attorney Morgan Bailey has authored “DHS Is In For A Rough Ride After The Election, No Matter Who Wins” for The Hill.  In this opinion piece, Morgan (former Deputy Chief of Staff, US Citizenship & Immigration Services) discusses the future of U.S. border security and immigration as the 2024 presidential election approaches.  Read the article here.

European Union Commissioner of Home Affairs Ylva Johansson has announced that the EU’s new Entry/Exit System (EES) will launch on November 10, 2024. EES is intended to function as an automated electronic system for registering the entry and exit of non-EU nationals traveling for short stays in the Schengen Area. The system is meant to replace passport stamping for most short-term visitors. EES will track each time an individual crosses an external Schengen border, collecting biometric data and enabling officials to better address overstays. The EU’s launch of the EES system comes as the bloc is preparing for the start of the much delayed ETIAS electronic travel authorization program in 2025.

Continue Reading EU Announces Start Date for Electronic Entry/Exit System

As the federal fiscal year draws to a close on September 30, 2024, there are several notable updates from U.S. courts and federal agencies affecting the employment-based immigration system.

H-4 Employment Authorization Continues

The U.S. Court of Appeals for the D.C. Circuit issued a decision on August 2, upholding the regulation that authorizes the Department of Homeland Security (DHS) to extend employment authorization to the spouses of certain specialty occupation workers. The Court affirmed that the employment authorization rule is consistent with the statutory framework and that DHS has the authority to grant work permits. In practical terms, this means that spouses of H-1B workers who have passed certain milestones in the green card process can continue to seek career opportunities by legally working in the United States.

Continue Reading August 2024 U.S. Immigration Updates For Employers
ngdom_iStock-486407806

Following our previous article on the rollout of eVisas in the UK, the UK Government has confirmed that all those who hold Biometric Residence Permits (“BRPs”), which are credit card sized identity documents which hold a migrant’s biographic data, biometric information and details of their UK immigration status, which expire on 31 December 2024, may now register for a UK Visas and Immigration (“UKVI”) account to access their eVisa. Previously, only those who had received an e-mail inviting them to register for a UKVI account were able to create one.

Continue Reading UK Government continues rollout of eVisas to BRP holders